BILL NUMBER: SB 1420	CHAPTERED  08/25/00

	CHAPTER   246
	FILED WITH SECRETARY OF STATE   AUGUST 25, 2000
	APPROVED BY GOVERNOR   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN SENATE   APRIL 12, 2000

INTRODUCED BY   Senator Burton

                        FEBRUARY 2, 2000

   An act to amend Sections 6079.1, 6086.65, and 6140.16 of the
Business and Professions Code, relating to the State Bar.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1420, Burton.  State Bar:  State Bar Court:  State Bar workload
standards:  report.
   (1) Existing law provides for the creation of the State Bar Court
to act on behalf of the Board of Governors of the State Bar in the
determination of disciplinary and reinstatement proceedings and
related matters.  Effective November 1, 2000, State Bar Court Hearing
Department judges are appointed by the Supreme Court, Governor, and
Legislature, as specified.  Existing law provides for the Board of
Governors of the State Bar to screen and rate all applicants for
appointment or reappointment as a State Bar Court judge.
   This bill would instead provide for those applicants to be
screened and reviewed by an applicant evaluation committee as
directed by the Supreme Court.
   (2) Existing law provides for the creation of a Review Department
of the State Bar Court, appointed by the Supreme Court, to review
decisions or orders of the State Bar Court's Hearing Department.
Existing law provides that the party requesting review has the burden
of showing either that the Hearing Department did not proceed in the
manner required by law, its findings are not supported by
substantial evidence, or its decision or recommendation is clearly
erroneous, unless the Supreme Court approves an alternative rule of
practice or procedure.
   This bill would instead provide that the standard to be applied by
the Review Department in reviewing a decision, order, or ruling by a
hearing judge fully disposing of a proceeding is established in Rule
951.5 of California Rules of Court, or as otherwise directed by the
Supreme Court.
   (3) Existing law provides for the Board of Governors of the State
Bar to appoint pro tempore State Bar Court Hearing Department judges
when a regular judge is unavailable to serve without delaying a
proceeding.
   This bill would allow the pro tempore judges to be appointed
either by the Supreme Court or the Board of Governors of the State
Bar.
   (4) Existing law required the State Bar to develop workload
standards to measure the effectiveness and efficiency of its
programs, and to submit a report to the Legislature on its workload
standards by September 1, 1991.  Existing law requires the workload
standards to be used to determine the numbers and classifications of
staff required to conduct the activities of the State Bar.
   This bill would require the State Bar to review its workload
standards with respect to its disciplinary activities, as specified,
and to submit a report on its review to the Legislature by June 30,
2001.  This bill would require the workload standards to be used to
reassess the staffing requirements of the State  Bar's disciplinary
activities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6079.1 of the Business and Professions Code, as
added by Section 3 of Chapter 221 of the Statutes of 1999, is
amended to read:
   6079.1.  (a) The Supreme Court shall appoint a presiding judge of
the State Bar Court.  In addition, five hearing judges shall be
appointed, two by the Supreme Court, one by the Governor, one by the
Senate Committee on Rules, and one by the Speaker of the Assembly, to
efficiently decide any and all regulatory matters pending before the
Hearing Department of the State Bar Court.  The presiding judge and
all other judges of that department shall be appointed for a term of
six years and may be reappointed for additional six-year terms.  Any
judge appointed under this section shall be subject to admonition,
censure, removal, or retirement by the Supreme Court upon the same
grounds as provided for judges of courts of record of this state.
   (b) Judges of the State Bar Court appointed under this section
shall not engage in the private practice of law.  The State Bar Court
shall be broadly representative of the ethnic, sexual, and racial
diversity of the population of California and composed in accordance
with Sections 11140 and 11141 of the Government Code.  Each judge:
   (1) Shall have been a member of the State Bar for at least five
years.
   (2) Shall not have any record of the imposition of discipline as
an attorney in California or any other jurisdiction.
   (3) Shall meet such other requirements as may be established by
subdivision (d) of Section 12011.5 of the Government Code.
   (c) Applicants for appointment or reappointment as a State Bar
Court judge shall be screened by an applicant evaluation committee as
directed by the Supreme Court.  The committee, appointed by the
Supreme Court, shall submit evaluations and recommendations to the
appointing authority and the Supreme Court as provided in Rule 961 of
the California Rules of Court, or as otherwise directed by the
Supreme Court.  The committee shall submit no fewer than three
recommendations for each available position.
   (d) For judges appointed pursuant to this section or Section
6086.65, the board shall fix and pay reasonable compensation and
expenses and provide adequate supporting staff and facilities.
Hearing judges shall be paid the same salary as municipal court
judges.  The presiding judge shall be paid the same salary as a
superior court judge.
   (e) From among the members of the State Bar or retired judges, the
Supreme Court or the board may appoint pro tempore judges to decide
matters in the Hearing Department of the State Bar Court when a judge
of the State Bar Court is unavailable to serve without undue delay
to the proceeding.  Subject to modification by the Supreme Court, the
board may set the qualifications, terms, and conditions of service
for pro tempore judges and may, in its discretion, compensate some or
all of them out of funds appropriated by the board for this purpose.

   (f) A judge or pro tempore judge appointed under this section
shall hear every regulatory matter pending in the Hearing Department
of the State Bar Court as to which the taking of testimony or
offering of evidence at trial has not commenced, and when so
assigned, shall sit as the sole adjudicator, except for rulings that
are to be made by the presiding judge of the State Bar Court or
referees of other departments of the State Bar Court.
   (g) Any judge or pro tempore judge of the State Bar Court as well
as any employee of the State Bar assigned to the State Bar Court
shall have the same immunity that attaches to judges in judicial
proceedings in this state. Nothing in this subdivision limits or
alters the immunities accorded the State Bar, its officers and
employees, or any judge or referee of the State Bar Court as they
existed prior to January 1, 1989.  This subdivision does not
constitute a change in, but is cumulative with, existing law.
   (h) Nothing in this section shall be construed to prohibit the
board from appointing persons to serve without compensation to
arbitrate fee disputes under Article 13 (commencing with Section
6200) of this chapter or to monitor the probation of a member of the
State Bar, whether those appointed under Section 6079, as added by
Chapter 1114 of the Statutes of 1986, serve in the State Bar Court or
otherwise.
  SEC. 2.  Section 6086.65 of the Business and Professions Code, as
added by Section 6 of Chapter 221 of the Statutes of 1999, is amended
to read:
   6086.65.  (a) There is a Review Department of the State Bar Court,
that consists of the Presiding Judge of the State Bar Court and two
Review Department judges appointed by the Supreme Court.  The judges
of the Review Department shall be nominated, appointed, and subject
to discipline as provided by subdivision (a) of Section 6079.1, shall
be qualified as provided by subdivision (b) of Section 6079.1, and
shall be compensated as provided for the presiding judge by
subdivision (d) of Section 6079.1.  However, the two Review
Department judges may be appointed to, and paid as, positions
occupying one-half the time and pay of the presiding judge.
Candidates shall be rated and screened pursuant to Rule 961 of the
California Rules of Court or as otherwise directed by the Supreme
Court.
   (b) The Presiding Judge of the State Bar Court shall appoint an
Executive Committee of the State Bar Court of no fewer than seven
persons, including one person who has never been a member of the
State Bar or admitted to practice law before any court in the United
States.  The Executive Committee may adopt rules of practice for the
operation of the State Bar Court as provided in Section 6086.5.
   (c)  Any decision or order reviewable by the Review Department and
issued by a judge of the State Bar Court appointed pursuant to
Section 6079.1 may be reviewed only upon timely request of a party to
the proceeding and not on the Review Department's own motion.  The
standard to be applied by the Review Department in reviewing a
decision, order, or ruling by a hearing judge fully disposing of a
proceeding is established in Rule 951.5 of the California Rules of
Court,  or as otherwise directed by the Supreme Court.
  SEC. 3.  Section 6140.16 of the Business and Professions Code is
amended to read:
   6140.16.  The State Bar shall review its workload standards to
measure the effectiveness and efficiency of its disciplinary
activities, including, but not limited to, the State Bar Court and
the Client Security Fund, and provide guidance to the State Bar and
the Legislature in allocating resources. The standards shall be used
to reassess the numbers and classifications of staff required to
conduct the activities of the State Bar's disciplinary activities.
The review shall cover the calendar years of 1998, 1999, and 2000.
The State Bar shall submit a report to the Legislature on its review
of workload standards by June 30, 2001.
